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toneart
Ultra Nomad
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Registered: 7-23-2006
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This is a complicated issue. You will get many different answers here on the BN Forum. Most of them valid, based on their personal experience.
Something we are all aware of is that laws, procedures and answers can differ depending on which Mexican official you talk to. And...the laws can
change in an instant.
You may not be able to sign the documents with only an FMM, and yet you being in the country legally would not be an issue.
If there is a transference of property, you will most certainly have to do it through a Notario. They are government appointed, important officials
who are basically real estate lawyers. Yes, take an interprerter with you for absolute clarification of the documents and the conversation. The
Notorio will tell you if the FMM is sufficient to sigh the documents. If not, he can tell you what you need and where to get it. Be prepared for this
to take more than one visit. These things can get drawn out for quite awhile.
Hopefully, the FMM will suffice, the red tape is minimal and you will have a successful experience. Best of Luck and I am so sorry for the loss of
your father.
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BajaNomad
Super Administrator
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| Quote: | Originally posted by David K
You need a passport for ID. |
As noted by David.... want to make sure you're aware that you now must have a valid passport - or passport card - to obtain the FMM.
[Edited on 12-7-2013 by BajaNomad]
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DenverDano
Newbie
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Thanks to all of you. My fathers attorney that set up his fideicomiso is a notary and is the gentleman that is helping me. Between everything you
have all said, what the real estate agent who was a friend of my fathers told me and what I was able to get from the notary today all I will need is
the FMM, my birth certificate apostille and my fathers death certificate apostille along with my passport.
The notary also told me that he can arrange for a translator to translate the documents completely and to be there with me to explain what I am
signing. While I am not positive, I believe what is happening is that the fideicomiso will transfer into my name as my fathers only heir and this
should complete the process. Then I can arrange to sell the property, at that point I believe I will need a FM3.
I am going the week after next and am going to try and accomplish the entire thing in a single day. Flying in first thing, getting the FMM at the
border, driving to Ensenada, signing papers, then getting back to San Diego for a late flight out. If I get stuck, I will just stay the night. I
think I can pull this off based on all of my prior trips there, the only unknown is the time it will take me to get the FMM and then how many hours I
will be in the long line of cars at the border on the way back.
Thanks to everyone for the warm welcome. Who knows, maybe I will keep the property and build a home on it. My understanding it is in one of the best
areas of Ensenada, its gated and its right before you get to Ensenada so its closer to the states for americans that want to live there.
Thanks again to everyone!
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DENNIS
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| Quote: | Originally posted by DenverDano
its gated and its right before you get to Ensenada so its closer to the states for americans that want to live there.
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Exactly where?
I, among a few others here, are familiar with the area.
.
[Edited on 12-7-2013 by DENNIS]
"YOU CAN'T LITTER ALUMINUM"
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bajagrouper
Senior Nomad
Posts: 964
Registered: 8-28-2003
Location: Rincon de Guayabitos, Nayarit, Mexico
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| Quote: | Originally posted by David K
| Quote: | Originally posted by DENNIS
There is a good chance the Notario is referring to something more involved than "tourist" documentation since you, being a new property owner, will no
longer be considered a tourist.
It seems you've been tossed between the rock and the hard place and need further clarification from the Notario.
Sorry for your loss, and best of luck on the outcome. |
Dennis, I believe that when it was an FM-T, that it was only for 'tourist activities' (vacationing, no property could be left behind in Mexico). Since
it was changed to an 'FMM' a couple years ago, it is now a 'multi-use' permit that allows tourists to make a purchase BEFORE they obtain the correct
FM-3 or other visa when they convert from a tourist to being a 'part-time resident with property left in Mexico.
A tourist (after all) is someone who visits someplace on a vacation for a limited part of the year. A part time resident is someone who returns to the
same property where they have leased or bought. No doubt there are MANY people who have bought, leased, or left property in Mexico and never made the
effort to get the correct visa. I think these folks know their legal rights to keep their property are diminished without doing the correct paperwork
with the government. |
Wrong again Davvvid, I bought my beach house with a Fmt and my ranch inland with an FMM.. as long as you are in the country legally you can buy
property and open a bank account, in fact it used to say that on the front of an Fmt.......
By the way in the Fidicomiso there is a line for beneficiary, where your name should be, so Death certificate,passport and FMM should be all you
need....sorry for your loss
[Edited on 12-7-2013 by bajagrouper]
I hear the whales song
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DenverDano
Newbie
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| Quote: | Originally posted by DENNIS
| Quote: | Originally posted by DenverDano
its gated and its right before you get to Ensenada so its closer to the states for americans that want to live there.
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Exactly where?
I, among a few others here, are familiar with the area.
.
[Edited on 12-7-2013 by DENNIS] |
Cibola Del Mar
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David K
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Wrong Again??? Okay, I will try and be more accurate... but people I know who do live in Mexico have shared the details with me.
Nothing stops anyone from handing over money and buying something... Never said you couldn't do that.
I did say that to have legal recognition to live in Mexico (part or full time) you need (legally) to have the correct visa and not just a tourist
card.
I was talking about the old FM-T.
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bajaguy
Elite Nomad
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Location: Carson City, NV/Ensenada - Baja Country Club
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Welcome to the board, and to Ensenada. When will you be here???
If you need help with anything, reach out. Plenty of Nomads in the area.
| Quote: | Originally posted by DenverDano
Cibola Del Mar |
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
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| Quote: | Originally posted by DenverDano
Cibola Del Mar |
Nice!!!!
"YOU CAN'T LITTER ALUMINUM"
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cessna821
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Yes, you are right with that comment Shari.
An English speaking Mexican national would be better than nothing, but for the final legals an accredited translator will be necessary in my
experience, and a Mexican would know where to locate one.
The Notarios are all good people, they have to be, but most do not speak or write in English when it comes to documentation.
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DenverDano
Newbie
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Sorry for the delayed update but I figured I would post this in case others are having this concern.
So I was able to sign all of the legal documents with the FMM and did so as I described above.
I flew into San Diego and stopped at the border. I was able to get my FMM and I also marked the purpose of travel "Business" (I believe the cost was
under $25) and I traveled to Ensenada to meet with my attorney (Notary). I was able to sign all of the documents and get things in motion to change
the property over to my name.
So at least as of the last month or so all that was required was to have my FMM. 
Hope this helps others. Now off to get things permanent in my name and then to sell. It really is a beautiful area and the lots are completely empty
ready for someone to build their dream home.
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EnsenadaDr
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Denver, sorry for the loss of your dad. What part of Baja are you going to?
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DenverDano
Newbie
Posts: 16
Registered: 12-6-2013
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Ensenada.
Everything is done for now and the wheels are in motion to transfer the property into my name. I do not need to return to sign any documents until the
property gets sold. I am looking forward to putting it on the market but need to get through these last few hoops of the process.
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BajaBlanca
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Can you post some pics of the house?
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DenverDano
Newbie
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| Quote: | Originally posted by BajaBlanca
Can you post some pics of the house? |
There is no house, just a lot(s). Its perfect for someone that wants to build the house. My Dad had plans and was going to build it but never had a
chance.
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EnsenadaDr
Banned
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Yes DENNIS speaks surprisingly good Spanish!! | Quote: | Originally posted by DENNIS
| Quote: | Originally posted by DenverDano
its gated and its right before you get to Ensenada so its closer to the states for americans that want to live there.
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Exactly where?
I, among a few others here, are familiar with the area.
.
[Edited on 12-7-2013 by DENNIS] |
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DenverDano
Newbie
Posts: 16
Registered: 12-6-2013
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| Quote: | Originally posted by BajaBlanca
Can you post some pics of the house? |
I know this is an older post from when I was dealing with this, but I now have pictures, listing and an English speaking real estate agent.
If this is against the board rules, someone please remove it. Otherwise, here is a link with everything about the property.
http://www.ensenadaland.net/Ensenada/Baja_California/Lots_an...
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David K
Honored Nomad
Posts: 65096
Registered: 8-30-2002
Location: San Diego County
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Mood: Have Baja Fever
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| Quote: | Originally posted by DenverDano
| Quote: | Originally posted by BajaBlanca
Can you post some pics of the house? |
I know this is an older post from when I was dealing with this, but I now have pictures, listing and an English speaking real estate agent.
If this is against the board rules, someone please remove it. Otherwise, here is a link with everything about the property.
http://www.ensenadaland.net/Ensenada/Baja_California/Lots_an... |
Posted in the correct 'ads' forum on Nomad is permitted, here is the forum for real estate for sale: http://forums.bajanomad.com/forumdisplay.php?fid=7
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